57-18-2 - Definition and characteristics of conservation easement.
57-18-2. Definition and characteristics of conservation easement.
(1) As used in this chapter, "conservation easement" means an easement, covenant,restriction, or condition in a deed, will, or other instrument signed by or on behalf of the recordowner of the underlying real property for the purpose of preserving and maintaining land or waterareas predominantly in a natural, scenic, or open condition, or for recreational, agricultural,cultural, wildlife habitat or other use or condition consistent with the protection of open land.
(2) A conservation easement is an interest in land and runs with the land benefited orburdened by the easement.
(3) A conservation easement is valid whether it is appurtenant or in gross.
(4) A conservation easement is enforceable by the holder to the easement and itssuccessors and assigns. A conservation easement is enforceable against the grantor and itssuccessors and assigns.
Enacted by Chapter 155, 1985 General Session